In a statement released yesterday (Thursday), AI urged Zimbabwean authorities to allow eligible civil society organisations to observe the process without harassment and intimidation.
The call by AI comes at a time police have been cracking down on CSOs on numerous allegations ranging from ‘causing malicious damage to property’ and ‘smuggling’
short wave radios into the country as well as operating illegally and possessing subversive materials.
The Zimbabwe Electoral Commission announced on Wednesday that organisations facing police investigations would be prevented from monitoring the referendum.
The ZEC Acting Chairperson, Joyce Kazembe, announced that they had already barred one CSO from observing the referendum, without naming it.
“The Zimbabwean authorities must stop this game playing and allow the referendum to take place in a context that ensures the internationally guaranteed rights to freedom of expression, association and peaceful assembly,” said Noel Kututwa, AI’s Southern Africa Director.
Previous polls have been marred by political violence, human rights abuses and deaths as well as the internal displacement of thousands of people.
Amnesty International said it was yet to see if Saturday’s referendum would offer the country a chance to prove it can make a break with the past.
“This referendum is a litmus paper for the elections that will be held later this year. Rather than using it as a practice run for suppression and intimidation, the government must embrace it as an opportunity to reinforce respect for human rights and the rule of law,” said Kututwa.
Zimbabwe is expecting to go for elections in the second half of the year.
Zimbabwe Peace Project offices were raided and the Director Jestina Mukoko was later charged for operating a private organisation without registration on 8 March.
On 11 February officers from the police Law and Order section who were in possession of a warrant to search for “subversive material, documents, gadgets or recordings” and “illegal immigrants” also raided the Zimbabwe Election Support Network.
Again on 13 February, eight members of a women’s social justice movement, Women of Zimbabwe Arise were arrested outside Parliament building in Harare before being released hours later without charge.
National Youth Development Trust, Habakkuk Trust, Zimbabwe Human Right Association, Counselling Services Unit and Gays and Lesbians of Zimbabwe have also been victims of police raids, arrests and detentions.
Zimbabwe recent cases
Zimbabwe Peace Project (ZPP)
On 7 March Zimbabwe’s state television broadcaster ran two announcements urging members of the public to call the police with any information about the whereabouts of Jestina Mukoko, Director of the Zimbabwe Peace Project (ZPP), ZPP is an organisation which conducts human rights monitoring through a network of nationwide community based field monitors. Jestina Mukoko voluntarily reported to Harare Central Police station on the morning of 8 March. She was charged on several including operating a private organisation without registration under the Private Voluntary Organisations act before being released into the custody of her lawyers. ZPP is registered under a deed of trust with the High Court like most other human rights groups in Zimbabwe.
Previously the offices of the Zimbabwe Peace Project (ZPP) were raided on 11 February 2013 by 5 police officers from the Law and Order Section of Harare Central police station, who were in possession of a warrant to search for “subversive material, documents, gadgets or recordings” and “illegal immigrants”. The police confiscated documents, mobile phone handsets, transistor radios, files with donor information and DVDs. Police returned to the ZPP offices later on the night of 11 February and attempted to search the offices for the second time, an apparent violation of the warrant, which had only permitted them to search the offices during the day.
The targeting of ZPP staff is reminiscent of previous targeting of ZPP workers by security agents. In December 2008, Jestina Mukoko, the ZPP director and two other staff, were abducted and their whereabouts remained unknown for three weeks during which they were tortured. They were eventually abandoned at a police station before being arrested and charged with attempting to recruit people for military training to try to overthrow the government. In September 2009 the Supreme Court ordered a permanent stay of criminal proceedings against Jestina Mukoko.
Zimbabwe Election Support Network
On 19 February seven police officers from the Law and Order section of Harare Central Police station raided the office of the Zimbabwe Election Support Network (ZESN) in Harare. ZESN is a coalition of NGOs formed to promote democratic processes. They were in possession of a warrant to search for ‘subversive material, documents, gadgets or recordings and any illegal immigrants’. Police broke down a perimeter wall during the search and seized documents relating to ZESN’s projects and plans for observing the referendum on a new constitution. No arrests were made.
On 7 December 2012 27 people were arrested at the annual meeting of the Zimbabwe Election Support Network (ZESN) in Gweru. Twenty-five were released without charge after 10 hours detention, while Emmaculate Chiseya, the Public Outreach Manager of ZESN, and Lucy Chivasa, from the Legal Resources Foundation, were both charged with organising an unlawful gathering and failing to notify the police of the gathering. They were released on bail after spending a weekend in custody.
Women of Zimbabwe Arise (WOZA)
On 13 February 2013 eight members of women’s social justice movement Women of Zimbabwe Arise (WOZA), including leaders Jenni Williams and Magodonga Mahlangu, were arrested outside the parliament building in Harare before being released hours later without charge. The women including WOZA leaders Jenni Williams and Magodonga Mahlangu were arrested after police fired tear gas at the peaceful demonstration and beat protestors with baton sticks, injuring some. One man who was reported to be taking photographs on a mobile of the demonstration was also arrested. The nine people arrested were beaten by riot police while waiting for a police van to take them into custody. All nine were released later that day and some went to hospital to receive treatment for their injuries.
On 12 November 2012, 79 WOZA activists, including two with babies, were arrested at a peaceful protest, organised by WOZA, in Bulawayo calling for adequate drinking water was broken up by riot police. All 79 women were released later that day. The following day another peaceful WOZA protest was broken up after police arrived in trucks and began beating and insulting protestors and passers-by. Eleven women activists were arrested and taken to Bulawayo Central Police Station, where the Officer Commanding told the police officers to take the women back to where they had found them. The women were subsequently driven to a cemetery and abandoned there.
National Youth Development Trust (NYDT)
On 6 February 2013 police from Bulawayo Central Police Station’s Law and Order section raided the offices of the National Youth Development Trust (NYDT) in Bulawayo, searching for alleged voter registration certificates and other documents “containing information that may adversely affect” the State. There were no arrests but police confiscated documents.
Around 40 members of NYDT were arrested on 4 February in Lupane, Matabeleland North. Two of them, Brilliant Goboza and Ray Ncube, were detained and charged with contravening the Criminal Law (Codification and Reform) Act after allegedly being found in possession of voter registration receipts. They were later released without charge after an intervention from Zimbabwe Lawyers from Human Rights.
Habakkuk Trust
Dumisani Nkomo, Chief Executive Officer of the Habakkuk Trust, and the organization’s Senior Programme’s Officer, Khumbulani Maphosa, were summoned by police in Plumtree for questioning on 6 February. The police alleged that the pair had used a policy dialogue meeting in Plumtree as a political platform to campaign for the Movement for Democratic Change and to incite the community to remove a water pump from a nearby dam. After questioning both were released without charge.
Zimbabwe Human Right Association (Zimrights)
Leo Chamahwinya and Dorcas Shereni, a staff member and committee member respectively in local structures with the Zimbabwe Human Rights Association (ZimRights), were arrested on 13 December and charged with publishing falsehoods, fraud and forgery after allegedly conducting illegal voter registration. Dorcas Shereni was finally granted bail on 8 February. Okay Machisa, the Director ZimRights, was arrested on 14 January 2013 and detained on the same charges. He was eventually granted bail on 29 January after the High Court overturned an earlier dismissal of his bail application. Leo Chamahwinya was finally released on 18 February after he had repeatedly been denied bail.
The ZimRights officials are charged with contravening Section 31, 136 and 137 of the Criminal Law (Codification and Reform) Act for allegedly attempting to defraud the Registrar General’s Office by forging and manufacturing counterfeit copies of voter registration.
They were also charged with publishing falsehoods, fraud and forgery after allegedly conducting illegal voter registration.
Counselling Services Unit (CSU)
Fidelis Mudimu, Zachariah Godi and Tafadzwa Geza from the Counselling Services Unit (CSU), a medical clinic that provides counselling and referral to trauma victims, were arrested on 5 November 2012 during a raid on the organisation’s office and clinic by police officers and riot police searching for “offensive and subversive material”. The police seized a computer, documents and confidential medical records and took the three men to Harare Central Police Station. Two days later, despite not having produced any charges against them, the police illegally transferred all three men to Bulawayo Central Police Station. During the 400 kilometre journey between the two cities the three men were forced to ride on the back of an open pick-up truck without protection from the sun. On 8 November they were brought before a court and charged with “causing malicious damage to property”, relating to political graffiti that had been sprayed on a gate in Bulawayo. The charges against Fidelis Mudimu were dropped after it was proven that he was out of the country at the time of the incident, while Zachariah Godi and Tafadzwa Geza remain on remand.
Gays and Lesbians of Zimbabwe (GALZ)
On 11 August 2012 police raided the office of Gays and Lesbians of Zimbabwe (GALZ) during a meeting to discuss the draft constitution and to launch a report critical of police treatment of LGBTI people in Zimbabwe. Riot police beat the GALZ members with batons and fists. Forty-four members of GALZ were arrested and detained without charge before being released the following morning. Some of them required medical attention due to injuries sustained from the beatings. The following week police visited the homes of at least10 of the activists and took them to local police stations where they interrogated them before releasing them after a few hours. GALZ were forced to close their office as a result of the threat by police to staff and members and police continue to visit the premises.
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